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Viewing 14 posts - 21 through 34 (of 34 total)
  • Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    Defaults are at an all time high and foreclosures have been artificially restricted for the last 9 months since the title fraud incidents. So don’t go rushing in.

    Will be a long time before you see capital growth due to the credit restrictions in place.

    Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    What was the benefit you were trying to achieve in buying the properties in a trust with the other parties? Why didn't you just keep ownership seperate? Seems like keeping ownership separate would of given your much more flexibility and still allowed you to partner with the other couple down the track to develop or sell if you wanted to.

    In terms of management of the units, being that there is 4 units why don't you have it setup so 1 couple manages 2 units and the other couple manages 2 units. Then for your 2 units you organise a property manager? You would therefor accept recieving less income for your side of things at the benefit of having less stress/time wasted. Hell even get all 4 units managed and you wear the management costs seems like a more appealing idea.

    Profile photo of bumskinsbumskins
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    @bumskins
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    Peter456 wrote:
    He may give income from the property as "gifts" or I may just get him to use it to take over payments of some of my personal ongoing bills. Are there any other means you would know of achieving this task?

    Assuming the property/trust is cashflow + as you imply, any "gifts" as you call them are actually considered income and must be declared to the ATO and income tax paid which would be at your "friends"marginal rate of tax. I suppose he could then "gift" you money after that.

    Assuming we are talking recieving an aged pension, I believe there are asset disposal tests that look at any transactions in the years prior to make sure they haven't been to circumvent the intent of the system. i.e. Parent transferring property to child to get under the asset cap and then turning around 12months later and claiming the pension.

    Profile photo of bumskinsbumskins
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    @bumskins
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    I think FIFO will be a big problem especially for places on the east coast where it is relatively easy/quick to transport people back to main hubs/capital cities, as it's what most workers will want.

    There has been a couple of articles recently which have focused on how companies have been starting to offer more social benefits as a way to differentiate rather than just financial benefits (as its what's being demanded by some workers).

    We have heard about a massive skills shortage in the resources industry i.e. those that are willing to live remotely pretty much already do. The only options really, to attract more people to live remotely is to pay substantially more than what is currently on offer (which has diminishing returns) or offer FIFO (lifestyle), especially back to city's such as Sydney/Melbourne (even then you will have people who still just wont do it).

    As demand increases mining companies will have to offer even greater incentives to attract workers to their mines, their is no point the mining company choosing  DIDO > FIFO to save themselves a buck if at the end of the day is just puts a higher cost on the worker and its not the lifestyle they want to live, they will just choose to work elsewhere and the company will have no worker.

    Choosing to live/work at really remote mines barely even stacks up financially now (taking into account the higher cost of living), and then you still have to take into consideration the lifestyle hit.

    Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    I'd be glad to see Negative Gearing phased out on existing property, I can see the arguement for keeping it around for new constructions (only from the point of view of an incentive, but it could easily be removed and replaced with some other kind of incentive).

    There is no way the CGT exemption for PPOR should be removed however. When you sellup you would be taking a big step backwards, and may not even be able to afford to buy the same or like property if the market has moved alot.

    I personally think we should get rid of Stamp duty also & use land taxes on all property to make up for the revenue hit.

    The government needs to look at making housing more affordable and less expensive to move around.

    NG Property investor's want you to believe that removing negative gearing will be a zero-sum change with rents increasing to make up for the shortfall in refunded tax revenue. If thats the case, then why are they so worried about its abolishment? and even if it is the case I don't know whats so bad about the situation. The Government shouldn't be in the business of providing subsidised rents to the many.
    I'm not sure what this idea of rental stock drying up is either? where are the properties going? presumeably there is 2 options?
    A) Investor Sells up & a renter decides to purchase it. There is now a reduction in supply of property for rent, but also demand too. They cancel each other out.
    or
    B) Investor Keep's the property and doesn't rent it..Which beg's the question why? and can they really afford to service this loan without rent? and is it financially sensible?

    The idea that rents will definitely increase to provide a better yield are flawed, because there are in fact 2 things that will create a better yield higher rents or a lower property value.

    Negative Gearing is allowing investors to hold more properties than they otherwise could, by subsidising the holding costs. This alone has a big impact on demand. What if each Negative Geared investor could suddenly afford 1 less property without negative gearing or 2 or 3 less?

    I say cut property free and let it stand on its own 2 feet without the tax incentives.

    Profile photo of bumskinsbumskins
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    @bumskins
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    Post Count: 34
    Terryw wrote:
    On marriage the assets of one partner do not necessarily become assets of the spouses jointly. If there is a divorce or a separation then the Family Court can make orders to transfer assets, including that of trust assets, but until then the assets are the assets of the individual under normal terms.

    That is true, it depends on the druation of the marriage. This is apparently broken down into short marriages & long. Short is generally <4 Years with long being >4 Years, so it doesn't take long for the wealth transfer to occur.

    Terryw wrote:
    A spouse would have a claim under the Family Provision sections if she is not adequately taken care of. The courts will take into account a whole heap of things including the length of hte relationship, contributions to the properties, other financial resources etc. A new spouse would probably have less of a claim, but this would increase the longer the marriage or relationship lasts.

    This is also true but once a marriage >4yrs then a lot of the conditions are eroded away (i.e. contribution has little weighting, etc).

    Terryw wrote:
    Divorce or separation is similar. A ex spouse wouldnt automatically get 50% of the assets. it would also depend on how long the relationship was, contributions resources of the parties, children of the relationship etc.

    I am not sure what you mean by the grandparents trust being challenged. By who?

    For longer marriages 50% generally is the starting point, and variations are made from there, i.e. if they have a child and divorce and the mother gets custody of the child then is likely she will get more than 50%.

    The point I was making about the grandparents trust is, if say the father was the sole remaining beneficiary, it may be argued that the assets should be treated as if he owned them (essentialy he does).
    [/quote]

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    Ishtvan051 wrote:
    "Your dad can't give away his wifes share of the assets in his will only his share"

    My understanding is that if assets are held by a trust then they are owned by
    a separate entity to the marriage itself. Members (i.e husband and wife and any children) may become beneficiaries of the trust but do not own
    the assets occording to law. The trust is under the control of people such as the appointer and trustee according to the directions as specified on the trust deed.

    A trustee just manages the trust (investment decisions, regulation, etc) following within the guidelines of the trust, the appointor just appoints them. The assets are owned by the trust and the trust has beneficiaries.
    If your father was sole beneficiary then it could be argued that they are his assets. If it is seen that a trust has been setup for the purpose of transferring assets from the marriage, i.e. swindling his wife, then I believe it would be challenged successfully that the assets should be considered as property of the marriage.

    Quote:
    We had a prenuptial aggrement organised on the day of the wedding which specifies in the event of divorce the new wife leaves with exactly what she entered in the marriage with.

    Was it a proper legal document? and did both parties recieve independent legal advice? Also was the agreement considered fair? these will be things taking into account by a judge when deciding over the validity of the agreement. Also if they had a child, then the agreement is likely nullified. Any major material changes means a new agreement must be formed.

    Quote:
     If my father receives an inheritance passed down via a trust it is not actually his wealth occording to law. It is the wealth owned by the trustee of the trust. In which case the members of the trust control it and its distributions to the relevant beneficiaries (could include the wife).

    For the most part I think that is probably true.But I think a large part of it comes down to who are the beneficiaries and how many. If he was sole beneficiary I wonder if It could be challenged, (because it could be considered as an income source of which he gets 100% of distributions). When there are varied people as beneficiaries I think it's more likely safe.

    Just my thoughts anyway.

    Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    If your father hasn't created any kind of binding financial agreement, I think you need to be open to the fact that his new wife is likely to get 50+% of the assets. It will no longer be your dads assets but property of the marriage, your dad can't give away his wifes share of the assets in his will only his share.

    Similarly I would think the same case would exist for your father creating a trust and moving the assets into the trust, they are not his assets but his and his wifes assets so its possibly open to challenge if it can be proven the assets are materially his and the trustee has the ability to provide income to him via the trust deed (he is a beneficiary).

    I'm not sure why you are only considering death though, what about divorce?

    Also it will be even more lopsided if they have a child together (the wife would recieve a further portion to look after the child until 18 years of age).

    If your father recieves an inheritance that is also 50% his wifes because they share assets.

    Not to sure on Super but it could probably be challenged and if not then an offset is likely to be made from the assets in the will to give the wife a greater share.

    In regards to trust deeds, I think a lot of them are actually written quite open ended in regards to who can be a beneficiary (i.e. recieve income from the trust as directed by the trustee) e.g. Wife, Husband, Father, Mother, Sister, Brother, Child, Bruce Chan, Mary Chan, Children of Bruce & Mary Chan, you can specifically name someone or use placeholders (e.g. wife of, child of).

    In regards to your grandparents trust, my thinking would be that if there's enough other surviving beneficiaries that might prevent it from the assets inside it being challenged.

    WARNING: This information is just from random different bits and bobs I have read, I have no experience, So Go Speak to A Lawyer.

    Profile photo of bumskinsbumskins
    Participant
    @bumskins
    Join Date: 2010
    Post Count: 34

    What I would like to see happen:

    State Government Remove Stamp Duty & rely on changes to land tax to make up the short fall, this should reduce land banking/property barrens & would allow a better flowing economy with more mobile workers.

    Remove Negative Gearing & the massive speculation in housing (it should be predominantly used to live in and raise a family, with investing being secondary). Overtime property value & rent  trends will mate back up to create reasonable rental yields which will still mean investment, but not rampant speculation. It should be stable/consistent returns.

    The only place I could see a benefit to Negative Gearing remaining is to drive the creation of new stock.

    With Negative Gearing & Easy credit its just to easy for people to keep bidding up property on other peoples dime. Eventhough a small percentage of housing investors do their research and make good well informed decisions on what property to invest in. I think there is a large majority that invest in housing for "Negative Gearing" and don't really look at whether the investment is good or not in its own right.

    Keep it so that Foreign Investors may only purchase to live in and must divest 'X' years after leaving the country.

    I don't think high property prices really benefits anyone in the end, it just leads to a need to keep paying higher wages making us less competitive with other countries around the world. It means that new people into the market, our daughters, sons, grandchildren are going to have to work harder, longer and contribute even more of their income to property (which in the case of existing property is almost completely 'unproductive' money) which will mean a decreased standard of living. Also that money is being taken away from other industries (tourism, retail, agriculture, etc..).

    What happens when the mining boom ends? what will we export then? all we are doing is making ourselves so big and expensive that we will price ourselves out of the world market.
    Overall we are better off with cheaper houses & lower wages. Housing is so disproportionatly high compared to all our other living costs (food, cars, entertainment, electricity, etc..)

    Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    Then you don’t qualify.

    I.e if you ever live in a property you own, you are no longer illegible for FHOG

    Profile photo of bumskinsbumskins
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    @bumskins
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    Post Count: 34

    My opinion is to be careful with any comparisons of Gladstone to places like Port Headland / Karrathra, they are trully remote & out of the way. Gladstone has another major city in Rockhampton only being ~1.5Hrs away, with little town's along the way.

    They are already much larger established towns in their own right, which will mean less issues/costs with building. Materials / Workforce can be sourced readily from furhter up and down the coast also.

    Also with Gladstone + The Surrounding area, land release appears to be much more plentiful.

    I think price comparisons with those towns would prove pointless as they don't have the same fundamentals.

    Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    It's ok to own an investment property as long as you have never lived in it.

    Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    The really High Voltage Powerlines, especially on towers have a massive easement, which means you could have a large swab of your land that you are unable to build on (can get away with temporary structures, e.g. car ports etc) but they can be demolished and and removed at your cost. I can't exactly remember the distance, but think rotating the tower horizontally and that should give you an indication.

    Profile photo of bumskinsbumskins
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    @bumskins
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    An accountant, its their bread and butter.

    From the sound of it you are working in mining or the like. If so I would highly advise seeing an accountant even just for the job aspect, the PPOR/Investment can just be a bonus (ask while he gives you tax advice on what you can claim for the job, so you know what reciepts and documentation to keep)..

    As you are in an industry where it is more likely that you can claim considerable deductions it may be good to get an accountant who regularly does tax for people in your industry, maybe get recommendations from colleagues.

    Profile photo of bumskinsbumskins
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    @bumskins
    Join Date: 2010
    Post Count: 34

    British Buyer, what are your current thoughts on the foreclosure fraud issues mentioned of past ? (or possibly even current?) Are you now satisified that banks have done proper(bullet-tight) due-dilligence on the properties they are listing/have relisted? If not what do you intend to do to protect yourself.

    Also what are people's thoughts & feelings about the US & QE2? Will this affect the timing of when you decide to buy?

Viewing 14 posts - 21 through 34 (of 34 total)